Expungement of Criminal Records

Many people who have been found guilty of criminal charges seek to have the conviction expunged from their records. While expungement can help individuals to move forward with their lives, not everyone qualifies for expungement. In Oklahoma, expungement of criminal records is not a statutory right—there is an application process and certain qualifications must be met.

Two Types of Expungement

There are two types of expungement available under Oklahoma law.

• Under Section 991c of Title 22, a court record may be sealed upon successful completion of a deferred sentence; however, this will not expunge your arrest record, which means the fact that you were arrested will still be visible to anyone who inquires.
• Section 18/19 of Title 22 affords a full expungement of your record to include removal of the charge from your Oklahoma State Bureau of Investigation (OSBI) background report. This type of expungement is much more difficult to obtain, as it requires the filing of an expungement lawsuit and a notice to all agencies that were involved in the case.

In order to qualify for an expungement under Section 18/19, you must meet one of the following criteria:

• You were acquitted of the charge
• The conviction was reversed with instructions to dismiss
• The conviction was reversed upon appeal and the district attorney subsequently dismissed the charge
• Your innocence was established by use of DNA evidence
• You received a full pardon from the Governor
• You were arrested but no charges were ever filed
• You were charged with a misdemeanor and the charge was dismissed following successful completion of a deferred judgment or delayed sentence
• You were charged with a nonviolent felony offense and the charge was dismissed following successful completion of a deferred judgment or delayed sentence, you have never been convicted of a misdemeanor of felony, you have no charges pending or at least 10 years have passed since the charge was dismissed
• You have a prior misdemeanor conviction but you have not been convicted of any subsequent charges, have no pending charges and at least 10 years have passed since the conviction